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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year, and for one year and six months, respectively.
seizure.
Reasons
1. The summary of the grounds for appeal against the defendants (defendant A: imprisonment of one year and six months, additional collection, defendant B: imprisonment of two years and six months, confiscation, and additional collection) declared by the court below is too unreasonable.
2. The instant crime is an organized crime that operates an illegal sports soil site, and is likely to cause serious social harm, such as promoting an excessive spirit of gambling to the general public and impairing the awareness of sound labor, thereby causing the failure of the economy and home life of the general public. Therefore, it is necessary to punish the instant crime.
Defendant
B is very important to participate as an opener of gambling site.
This is disadvantageous to the Defendants.
However, the Defendants recognized the instant crime and opposed to the mistake.
Defendant
A is subject to a fine of one time due to a violation of the Road Traffic Act (drinking driving), and Defendant B is subject to a fine of two times due to a violation of the Act on the Establishment of Local Reserve Forces.
Defendant
A took part in the instant crime as an employee, and Defendant B seems to have little practical benefits derived from the instant crime.
The defendants appear to have an attitude to faithfully comply with the collection of additional collection in advance in the first instance.
This is favorable to the defendants.
Considering such circumstances as the Defendants’ age, sex, family relation, family environment, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the lower court against the Defendants is deemed unfair because it is too unreasonable, given that the sentence imposed by the Defendants is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court, and the same.